SOURSBY v. HAWKINS

84-382-NJ-2; CA A38256.

737 P.2d 145 (1987)

85 Or.App. 466

Randall Craig SOURSBY and Deborah Kathleen Soursby, Husband and Wife, Appellants, v. Kenneth L. HAWKINS and Kathleen E. Hawkins, Husband and Wife, Third Party Plaintiffs-Respondents, v. LEE THOMANN, Third Party Defendant and Fourth Party Plaintiff, v. LAWYERS' TITLE INSURANCE CORP., a Virginia Corporation, Fourth Party Defendant.

Court of Appeals of Oregon.

Decided May 20, 1987.


Attorney(s) appearing for the Case

Richard A. Stark, Medford, argued the cause for appellants. With him on the brief was Stark and Hammack, Medford.

Doug S. Gard, Medford, argued the cause for respondents. With him on the brief was Jackson County Legal Services, Medford.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


NEWMAN, Judge.

Plaintiffs appeal from a summary judgment in their action to rescind a contract to purchase real property from defendants.1 We reverse.

In February, 1977, plaintiffs, who were California residents, purchased approximately 10 acres of undeveloped real property in Jackson County from defendants. Access to the property was over a private road. Plaintiffs had told defendants that they planned to retire in Oregon and...

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